CLA-2-85:RR:NC:MM:109 L81595
Mr. Jason M. Waite
Alston & Bird LLP
601 Pennsylvania Avenue, N.W.
North Building, 10th Floor
Washington, DC 20004-2601
RE: The tariff classification of electronic assembly components from an unspecified country
Dear Mr. Waite:
In your letter dated December 22, 2004, you requested a tariff classification ruling on behalf of Access Business Group International LLC (ABG).
You requested the classification of five electronic assembly components. They are referred to in your letter as WSA1115, WSA1216, WSA2114, WSA1114 and WSA1116. However, this ruling will only address the classification of Items WSA1115, WSA1216, and WSA2114. The question of classification for Items WSA1114 and WSA1116 is being referred to the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229, under control number L82287. A ruling will be issued to you from that office. In the meanwhile, if you have any concerns regarding our referral to headquarters, contact National Import Specialist Richard Laman regarding WSA1114 and National Import Specialist Denise Faingar regarding Item WSA1116. You should have the control number available upon calling either contact person.
Items WSA1115, WSA1216, and WSA2114 are power supply components of a Quixtar Advanced Air Treatment System (ATS). They are printed circuits populated with capacitors, resistors, transformers, relays, heat sinks, semiconductors, diodes, and other components. The items accept alternating current (AC) power of specified voltages and convert the AC power to two lines of regulated direct current (DC). The DC power is then distributed to power a motor and a control board within the ATS. The DC distributed to the motor will be 24v and the DC distributed to the control board will be 5v. Each of these items is essentially the same, except that they are designed to accept different voltages or types of AC power. Specifically, they accept 220v AC power, 240v AC power, and one is specially designed to handle Malaysian AC power, which is very erratic and unstable. The maximum power output of Items WSA1115 and WSA2114 is 96.96 watts and the maximum power output of Item WSA1216 is 73.44. Samples and schematics of each of these items were submitted to this office for classification purposes.
Your letter suggested HTS 8504.40.9580, which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters: Other: Other.” The type of merchandise that would be classifiable under that subheading would be 1 - alternating current converters and cycle converters by which AC is converted to a different frequency or voltage or 2 - direct current converters by which DC is converted to a different voltage. Items WSA1115, WSA1216, and WSA2114, however, convert AC power to DC power and then distributes the DC power a motor and a control board. Rectifiers convert AC power to DC power. Therefore, these three items are both rectifiers and power supplies. As such, Items WSA1115, WSA1216, and WSA2114 are considered rectifying power supplies, which is provided for within subheading 8504.40.9510 through 8504.40.9540. The ninth and tenth digit statistical breakout is determined based on the power output of each item in watts. The power output of each item exceeds 50 watts but does not exceed 150 watts.
The applicable subheading for Items WSA1115, WSA1216, and WSA2114, will be 8504.40.9520, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: Static converters Other: Rectifying and rectifying apparatus: Power supplies: With a power output exceeding 50 W but not exceeding 150 W.” The rate of duty will be 1.5 percent ad valorem.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at 646-733-3015.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division